Sandford v. Shelby

WHEN exhibits are the foundation of a suit in chancery and their execution is not admitted, they must be proved either by depositions, of viva voce at the hearing (1).

In New-York, exhibits of all kinds, viz. deeds, letters, &c. may be prove-ed viva voce at the hearing, provided satisfactory reasons be given why they were not proved in the regular way before the examiner, and provided due no*135tice have been given to the opposite party of an intention to make such proof at the hearing. Consequa v. Fanning, 2 Johns. C. R. 481.

When an exhibit is proved viva voce at the hearing, the witness may be…